HB 749

As Introduced
136th General Assembly
   Regular Session  H. B. No. 749
       2025-2026
  Representatives Roemer, Kishman
  To amend sections 317.22 and 4735.141 and to enact  1
  section 317.43 of the Revised Code regarding  2
  deed and title fraud prevention.  3
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 317.22 and 4735.141 be amended  4
and section 317.43 of the Revised Code be enacted to read as  5
follows:  6
     Sec. 317.22. No deed of absolute conveyance of land or any        7
conveyance, absolute or otherwise, of minerals or mineral rights       8
shall be recorded by the county recorder until:  9
     (A) The conveyance presented to the county recorder bears  10
the stamp of the county auditor stating the conveyance has been        11
examined and the grantor has complied with section 319.202 of  12
the Revised Code;  13
     (B) Such conveyance has been presented to the county  14
auditor, and by the county auditor indorsed "transferred," or  15
"transfer not necessary."  16
     (C)(1) Subject to division (C)(2) of this section, an  17
individual presenting a conveyance to the county recorder for  18
recording shall provide photo identification.  19
H. B. No. 749  Page 2
As Introduced
       (2) The photo identification requirement in division (C)  20
(1) of this section does not apply to real estate agents or real  21
estate brokers licensed under Chapter 4735. of the Revised Code  22
or title insurance agents licensed under Chapter 3953. of the  23
Revised Code.  24
       (3) As used in this section, "photo identification" means  25
a passport, driver's license, government-issued nondriver  26
identification card, or other form of government-issued  27
identification with the signature or photograph of the  28
individual, which is not expired.  29
       Before any real estate, the title to which has passed  30
under the laws of descent, is transferred from the name of the  31
ancestor to the heir at law or next of kin of such ancestor, or  32
to any grantee of such heir or next of kin; and before any deed  33
or conveyance of real estate made by any such heir or next of  34
kin is presented to or filed for record by the recorder, the  35
heir or next of kin, or that person's grantee, agent, or  36
attorney shall present to the auditor the affidavit of such heir  37
or next of kin, or of two persons resident of this state, each  38
of whom has personal knowledge of the facts. Such affidavit  39
shall set forth the date of the ancestor's death, and the place  40
of residence at the time of death; the fact that the ancestor  41
died intestate; the names, ages, and addresses, so far as known  42
and can be ascertained, of each of such ancestor's heirs at law  43
and next of kin, who, by the ancestor's death, inherited such  44
real estate, the relationship of each to the ancestor, and the  45
part or portion of such real estate inherited by each. Such  46
transfers shall be made by the auditor in accordance with the  47
statement contained in the affidavit, and the auditor shall  48
indorse upon the deed or conveyance the fact that such transfer  49
was made by affidavit. The affidavit shall be filed with the  50
H. B. No. 749  Page 3
As Introduced
county recorder of the county in which such real estate is  51
situated, at or before the time such deed or conveyance is filed  52
with the county recorder, and shall be recorded by the county  53
recorder of the county in the official records and indexed in  54
the direct and reverse indexes in the county recorder's office,  55
in the name of such ancestor as grantor and of each such heir or  56
next of kin as grantee, in the same manner as if such names  57
occurred in a deed of conveyance from the ancestor to such heirs  58
at law. The county recorder shall receive the same fees for such  59
indexing and recording as provided by section 317.32 of the  60
Revised Code.  61
       (C)(D) The record of such affidavit shall, in the trial of  62
any cause, so far as competent, be prima-facie evidence.  63
       (D)(E) No county recorder shall record a conveyance if the  64
indorsement, indorsements, or stamps of indorsement of a county  65
auditor indicating compliance with section 319.202 of the  66
Revised Code on the conveyance are in whole or in part defaced,  67
illegible, or incomplete.  68
       Sec. 317.43. (A) As used in this section, "evidence of  69
residence" means any of the following documents:  70
       (1) A utility bill or receipt of utility installation  71
issued within ninety days of registration;  72
       (2) A paycheck or paystub issued to the applicant within  73
ninety days of the date of application that includes the address  74
of the applicant's residence;  75
       (3) The most current available bank statement issued to  76
the applicant that includes the address of the applicant's  77
residence;  78
       (4) Any other official document issued to the applicant  79
H. B. No. 749  Page 4
As Introduced
that includes the address of the applicant's residence. The  80
county auditor shall develop guidelines for determining what  81
qualifies as an "official document" under this division.  82
       (B) Each county auditor may establish and maintain a  83
property protection program that includes an automated system to  84
inform property owners by electronic mail, telephone, or mail  85
when a deed conveying title to a registered property is  86
presented to the county auditor for transfer. The system may be  87
run by a county or by a third-party vendor.  88
       (C)(1) The county auditor shall prescribe a form for  89
registering a property with the program and for removing a  90
property from the program. The form shall require all of the  91
following information:  92
       (a) The applicant's name, electronic mail address, and  93
telephone number;  94
       (b) The parcel number and address of the property to be  95
registered with the program.  96
       (2) A form shall be delivered in person to the office of  97
the county auditor along with photo identification and evidence  98
of residence.  99
       (D) For twenty-four hours following notice by the property  100
protection program to the owner of a registered property, the  101
county auditor shall not transfer the registered property,  102
unless the owner subsequently authorizes the transfer.  103
       (E) This section does not create a new cause of action or  104
substantive legal right against a county auditor.  105
       Sec. 4735.141. (A) Except as otherwise provided in this  106
division and in section 4735.13 of the Revised Code and except  107
H. B. No. 749  Page 5
As Introduced
for a licensee who has placed the licensee's license in resigned  108
status pursuant to section 4735.142 of the Revised Code, each  109
person licensed under section 4735.07 or 4735.09 of the Revised  110
Code shall submit proof satisfactory to the superintendent of  111
real estate that the licensee has satisfactorily completed  112
thirty hours of continuing education, as prescribed by the Ohio  113
real estate commission pursuant to section 4735.10 of the  114
Revised Code, on or before the licensee's birthday occurring  115
three years after the licensee's date of initial licensure, and  116
on or before the licensee's birthday every three years  117
thereafter. The continuing education shall include at least one  118
hour of instruction focused on deed and title fraud prevention,  119
identification, response, and reporting. If the person is  120
licensed as a broker or broker on deposit, or acts as a  121
management level licensee, the continuing education shall  122
include a three-hour course on the duties of a principal broker  123
and other issues involved in operating a real estate brokerage.  124
The continuing education may be completed by either classroom  125
instruction or distance education.  126
       Persons licensed as real estate salespersons who  127
subsequently become licensed real estate brokers shall continue  128
to submit proof of continuing education in accordance with the  129
time period established in this section.  130
       The requirements of this section shall not apply to any  131
disabled licensee as provided in division (E) of this section.  132
       Each licensee who is seventy years of age or older, within  133
a continuing education reporting period, shall submit proof  134
satisfactory to the superintendent of real estate that the  135
licensee has satisfactorily completed both of the following:  136
       (1) A total of nine hours of continuing education,  137
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As Introduced
including instruction in Ohio real estate law; recently enacted  138
state and federal laws affecting the real estate industry;  139
municipal, state, and federal civil rights law; and canons of  140
ethics for the real estate industry as adopted by the  141
commission; and at least one hour focused on deed and title  142
fraud prevention, identification, response, and reporting;  143
       (2) If licensed as a broker, broker on deposit, or acting  144
as a management level licensee, a three-hour continuing  145
education course on the duties of a principal broker and other  146
issues involved in operating a real estate brokerage.  147
       The continuing education may be completed by either  148
classroom instruction or distance education. The required proof  149
of completion shall be submitted on or before the licensee's  150
birthday that falls in the third year of that continuing  151
education reporting period. A licensee who is seventy years of  152
age or older whose license is in an inactive status is exempt  153
from the continuing education requirements specified in this  154
section. The commission shall adopt reasonable rules in  155
accordance with Chapter 119. of the Revised Code to carry out  156
the purposes of this paragraph.  157
       (B) The continuing education requirements of this section  158
shall be completed in schools, seminars, and educational  159
institutions approved by the commission. Such approval shall be  160
given according to rules established by the commission under the  161
procedures of Chapter 119. of the Revised Code, and shall not be  162
limited to institutions providing two-year or four-year degrees.  163
Each school, seminar, or educational institution approved under  164
this division shall be open to all licensees on an equal basis.  165
       (C) If the requirements of this section are not met by a  166
licensee within the period specified, the licensee's license  167
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As Introduced
shall be suspended automatically without the taking of any  168
action by the superintendent. The superintendent shall notify  169
the licensee of the license suspension, and such notification  170
shall be sent by regular mail to the personal residence address  171
of the licensee that is on file with the division. Any license  172
so suspended shall remain suspended until it is reactivated by  173
the superintendent. No such license shall be reactivated until  174
it is established, to the satisfaction of the superintendent,  175
that the requirements of this section have been met. If the  176
requirements of this section are not met within twelve months  177
from the date the license was suspended, the license shall be  178
revoked automatically without the taking of any action by the  179
superintendent.  180
       (D) If the license of a real estate broker is suspended  181
pursuant to division (C) of this section, the license of a real  182
estate salesperson associated with that broker correspondingly  183
is suspended pursuant to division (H) of section 4735.20 of the  184
Revised Code. A sole broker shall notify affiliated salespersons  185
of the suspension in writing within three days of receiving the  186
notice required by division (C) of this section.  187
       (1) The suspended license of the associated real estate  188
salesperson shall be reactivated and no fee shall be charged or  189
collected for that reactivation if that broker subsequently  190
submits proof to the superintendent that the broker has complied  191
with the requirements of this section and requests that the  192
broker's license as a real estate broker be reactivated, and the  193
superintendent then reactivates the broker's license as a real  194
estate broker.  195
       (2) If the real estate salesperson submits an application  196
to leave the association of the suspended broker in order to  197
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As Introduced
associate with a different broker, the suspended license of the  198
associated real estate salesperson shall be reactivated and no  199
fee shall be charged or collected for that reactivation. The  200
superintendent may process the application regardless of whether  201
the licensee's license is returned to the superintendent.  202
       Any person whose license is reactivated pursuant to this  203
division shall comply with the requirements of this section and  204
otherwise be in compliance with this chapter.  205
       (E) Any licensee who is a disabled licensee at any time  206
during the last three months of the third year of the licensee's  207
continuing education reporting period may receive an extension  208
of time as deemed appropriate by the superintendent to submit  209
proof to the superintendent that the licensee has satisfactorily  210
completed the required thirty hours of continuing education. To  211
receive an extension of time, the licensee shall submit a  212
request to the division of real estate for the extension and  213
proof satisfactory to the commission that the licensee was a  214
disabled licensee at some time during the last three months of  215
the three-year reporting period. The proof shall include, but is  216
not limited to, a signed statement by the licensee's attending  217
physician describing the disability, certifying that the  218
licensee's disability is of such a nature as to prevent the  219
licensee from attending any instruction lasting at least three  220
hours in duration, and stating the expected duration of the  221
disability. The licensee shall request the extension and provide  222
the physician's statement to the division no later than one  223
month prior to the end of the licensee's three-year continuing  224
education reporting period, unless the disability did not arise  225
until the last month of the three-year reporting period, in  226
which event the licensee shall request the extension and provide  227
the physician's statement as soon as practical after the  228
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As Introduced
occurrence of the disability. A licensee granted an extension  229
pursuant to this division who is no longer a disabled licensee  230
and who submits proof of completion of the continuing education  231
during the extension period, shall submit, for future continuing  232
education reporting periods, proof of completion of the  233
continuing education requirements according to the schedule  234
established in division (A) of this section.  235
       (F) The superintendent shall not renew a license if the  236
licensee fails to comply with this section, and the licensee  237
shall be required to pay the penalty fee provided in section  238
4735.14 of the Revised Code.  239
       (G) A licensee shall submit proof of completion of the  240
required continuing education with the licensee's notice of  241
renewal. The proof shall be submitted in the manner provided by  242
the superintendent.  243
       Section 2. That existing sections 317.22 and 4735.141 of  244
the Revised Code are hereby repealed.  245
       Section 3. The amendment by this act of section 4735.141  246
of the Revised Code takes effect six months after the effective  247
date of this section.  248